[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Pages 23184-23185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11465]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2232-522]


Duke Energy Carolinas, LLC; North Carolina and South Carolina, 
Catawba-Wateree Hydroelectric Project; Notice of Proposed Restricted 
Service List for a Programmatic Agreement for Managing Properties 
Included in or Eligible for Inclusion in the National Register of 
Historic Places

May 11, 2009.
    Rule 2010 of the Federal Energy Regulatory Commission's 
(Commission) Rules of Practice and Procedure provides that, to 
eliminate unnecessary expense or improve administrative efficiency, the 
Secretary may establish a restricted service list for a particular 
phase or issue in a proceeding.\1\ The restricted service list should 
contain the names of persons on the service list who, in the judgment 
of the decisional authority establishing the list, are active 
participants with respect to the phase or issue in the proceeding for 
which the list is established.
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    \1\18 CFR section 385.2010.
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    The Commission staff is consulting with the North Carolina State 
Historic Preservation Officer (hereinafter, North Carolina SHPO), South 
Carolina State Historic Preservation Officer (hereinafter, South 
Carolina SHPO), and the Advisory Council on Historic Preservation 
(hereinafter, Council) pursuant to the Council's regulations, 36 CFR 
Part 800, implementing section 106 of the National Historic 
Preservation Act, as amended, (16 U.S.C. section 470f), to prepare and 
execute a programmatic agreement for managing properties included in, 
or eligible for inclusion in, the National Register of Historic Places 
at the Catawba-Wateree Hydroelectric Project No. 2232-522 (North 
Carolina SHPO Reference Number ER03-0359).
    The programmatic agreement, when executed by the Commission and the 
North Carolina and South Carolina SHPOs would satisfy the Commission's 
section 106 responsibilities for all individual undertakings carried 
out in accordance with the license until the license expires or is 
terminated (36 CFR 800.13[e]). The Commission's responsibilities 
pursuant to section 106 for the Catawba-Wateree Project would be 
fulfilled through the programmatic agreement, which the Commission 
proposes to draft in consultation with certain parties listed below. 
The executed programmatic agreement would be incorporated into any 
Order issuing a license.
    Duke Energy Carolinas, LLC, as licensee for Catawba-Wateree 
Hydroelectric Project No. 2232, the Catawba Indian Nation, and the 
Eastern Band of Cherokee Indians have expressed an interest in this 
preceding and are invited to participate in consultations to develop 
the programmatic agreement.
    For purposes of commenting on the programmatic agreement, we 
propose to restrict the service list for the aforementioned project as 
follows:

[[Page 23185]]



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Reid Nelson or Representative, Advisory  Tyler Howe or Representative,
 Council on Historic Preservation, The    Eastern Band of Cherokee
 Old Post Office Building, Suite 803,     Indians, Qualla Boundary, P.O.
 1100 Pennsylvania Avenue, NW.,           Box 455, Cherokee, NC 28719.
 Washington, DC 20004.
Rebekah Dobrasko or Representative,      Renee Gledhill-Earley or
 Review and Compliance Coordinator,       Representative, North Carolina
 Archives & History Center, 8301          Department of Cultural
 Parklane Road, Columbia, SC 29223.       Resources,4617 Mail Service
                                          Center, Raleigh, NC 27699-
                                          4617.
Jennifer Huff or Representative, Duke    Dr. Wenonah G. Haire or
 Power, P.O. Box 1006, Mail Code EC12Y,   Representative, IN THPO, 1536
 Charlotte, NC 28201-1006.                Tom Stevens Rd, Rock Hill, SC
                                          29730.
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    Any person on the official service list for the above-captioned 
proceeding may request inclusion on the restricted service list, or may 
request that a restricted service list not be established, by filing a 
motion to that effect within 15 days of this notice date. In a request 
for inclusion, please identify the reason(s) why there is an interest 
to be included. Also please identify any concerns about historic 
properties, including Traditional Cultural Properties. If historic 
properties are to be identified within the motion, please use a 
separate page, and label it NON-PUBLIC Information.
    An original and 8 copies of any such motion must be filed with 
Kimberly D. Bose, the Secretary of the Commission (888 First Street, 
NE., Washington, DC 20426) and must be served on each person whose name 
appears on the official service list. Please put the project name 
Catawba-Wateree Hydroelectric Project and number P-2232-522 on the 
front cover of any motion. Motions may be filed electronically via the 
Internet in lieu of paper. The Commission strongly encourages 
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions 
on the Commission's Web site (http://www.ferc.gov) under the ``e-
Filing'' link.
    If no such motions are filed, the restricted service list will be 
effective at the end of the 15 day period. Otherwise, a further notice 
will be issued ruling on any motion or motions filed within the 15 day 
period.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-11465 Filed 5-15-09; 8:45 am]
BILLING CODE 6717-01-P